Bill Text: MS HB739 | 2010 | Regular Session | Introduced
Bill Title: Children's Health Insurance Program; transfer administration of to Division of Medicaid.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-02-02 - Died In Committee [HB739 Detail]
Download: Mississippi-2010-HB739-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Public Health and Human Services; Medicaid
By: Representative Robinson
House Bill 739
AN ACT TO AMEND SECTIONS 41-86-1, 41-86-5, 41-86-7, 41-86-9, 41-86-11, 41-86-13 AND 41-86-15, MISSISSIPPI CODE OF 1972, TO TRANSFER THE ADMINISTRATION OF THE MISSISSIPPI CHILDREN'S HEALTH INSURANCE PROGRAM FROM THE STATE AND SCHOOL EMPLOYEES HEALTH INSURANCE MANAGEMENT BOARD TO THE DIVISION OF MEDICAID; TO REPEAL SECTIONS 41-86-3, 41-86-17, 41-86-19 AND 41-86-21, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR A TEMPORARY PROGRAM FOR CHILDREN'S HEALTH INSURANCE, SPECIFY THE COVERED BENEFITS AND SERVICES TO BE PROVIDED UNDER THE CHILDREN'S HEALTH INSURANCE PROGRAM, ESTABLISH A CHILDREN'S HEALTH INSURANCE PROGRAM ENROLLMENT OUTREACH INITIATIVE, AND ESTABLISH A CHILDREN'S HEALTH INSURANCE PROGRAM ADVISORY BOARD AND JOINT LEGISLATIVE ADVISORY COMMITTEE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-86-1, Mississippi Code of 1972, is amended as follows:
41-86-1. This chapter shall be known as and may be cited as the Mississippi Children's Health Insurance Program Act.
SECTION 2. Section 41-86-5, Mississippi Code of 1972, is amended as follows:
41-86-5. As used in this chapter, the following definitions shall have the meanings ascribed in this section, unless the context indicates otherwise:
* * *
(a) "Child" means an individual who is under nineteen (19) years of age who is not eligible for Medicaid benefits and is not covered by other health insurance.
* * *
(b) "Covered benefits" means the types of health care benefits and services provided to eligible recipients
under the * * * program.
(c) "Division" means the Division of Medicaid in the Office of the Governor.
(d) "Low-income child" means a child whose family income does not exceed two hundred percent (200%) of the poverty level for a family of the size involved.
(e) "Plan" means the State Child Health Plan.
(f) "Program" means the Mississippi Children's Health Insurance Program established by this chapter.
(g) "Recipient" means a person who is eligible for assistance under the program.
(h) "State Child Health Plan" means the permanent plan that sets forth the manner and means by which the State of Mississippi will provide health care assistance to eligible uninsured, low-income children consistent with the provisions of Title XXI of the federal Social Security Act, as amended.
SECTION 3. Section 41-86-7, Mississippi Code of 1972, is amended as follows:
41-86-7. There is established a Children's Health Insurance Program in Mississippi, which * * * shall be financed by state appropriations and federal matching funds received by the state under the * * * Children's Health Insurance Program established by Title XXI of the federal Social Security Act, as amended.
SECTION 4. Section 41-86-9, Mississippi Code of 1972, is amended as follows:
41-86-9. From and after July 1, 2011, the Mississippi Children's Health Insurance Program shall be transferred from the State and School Employees Health Insurance Management Board to the Division of Medicaid, and the division shall be responsible for the implementation and administration of the Mississippi Children’s Health Insurance Program in accordance with federal law and regulations and this chapter. The division is authorized to solicit bids or proposals and to enter contracts for services related to its implementation and administration of the program before January 1, 2011, if determined to be necessary by the division. Notwithstanding any provision of this section, the State and School Employees Health Insurance Management Board is authorized to continue its duties and responsibilities established under previous law and regulations regarding the administration of the Mississippi Children’s Health Insurance Program until January 1, 2011, except for conclusion of activities and/or contract/policy requirements initiated and/or applying for periods before January 1, 2011, and any record retention and documentation requirements provided under state and/or federal law. The division shall remain responsible for the payment of applicable health insurance premiums and/or expenses applying to periods before January 1, 2011. Record retention and documentation requirements shall terminate as provided under state and/or federal law.
SECTION 5. Section 41-86-11, Mississippi Code of 1972, is amended as follows:
41-86-11. (1) The division shall adopt, in accordance with Section 25-43-1.101 et seq., rules and regulations for the implementation of the program, and for the coordination of the program with the state's other medical assistance programs.
(2) * * * The division shall have all of the authority set forth in Section 43-13-101 et seq. in administering the program.
(3) The division shall make reports to the federal government and to the Legislature on the providing of benefits to those children under the program.
(4) The division shall execute a contract or contracts to provide the health care coverage and services under the program in a manner that is consistent with all federal and state procurement regulations.
* * *
SECTION 6. Section 41-86-13, Mississippi Code of 1972, is amended as follows:
41-86-13. (1) The division * * * shall receive state appropriations for the program and federal matching funds under the * * * Children's Health Insurance Program established by Title XXI of the federal Social Security Act, as amended, * * * for the administration of the program. The Legislature shall include those funds as a line item in the appropriation to the division * * *.
(2) The program is subject to the availability of state funds specifically appropriated by the Legislature for the purpose of the program and federal matching funds under the * * * Children's Health Insurance Program established by Title XXI of the federal Social Security Act, as amended. The division may limit enrollment as necessary to ensure that the costs of the program do not exceed the total amount of state and federal funds appropriated by the Legislature for that purpose.
SECTION 7. Section 41-86-15, Mississippi Code of 1972, is amended as follows:
41-86-15. Persons eligible to receive covered benefits under this chapter shall be low-income children who meet the eligibility standards set forth in the State Child Health Plan. Any person who is eligible for benefits under the Mississippi Medicaid Law, Section 43-13-101 et seq., shall not be eligible to receive benefits under this chapter. A person who is without insurance coverage at the time of application for the program and who meets the other eligibility criteria in the plan shall be eligible to receive covered benefits under the program.
SECTION 8. Sections 41-86-3, 41-86-17, 41-86-19 and 41-86-21, Mississippi Code of 1972, which provide for a temporary program for children's health insurance, specify the covered benefits and services to be provided under the Children's Health Insurance Program, establish a Children's Health Insurance Program enrollment outreach initiative, and establish a Children's Health Insurance Program advisory board and joint legislative advisory committee, are repealed.
SECTION 9. This act shall take effect and be in force from and after July 1, 2010.
